This chapter shall be known as the Norwalk Administrative Code, hereinafter referred to as "this Code."
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Provisions in the appendices to the referenced codes shall not apply unless specifically adopted.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The purpose of this Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, and energy conservation; to safeguard life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of the California Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures other than those meeting the scoping limitations contained in the California Residential Code.
(Ord. 22-1738 § 10)
The provisions of the California Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one-and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.
Exception: The following shall be permitted to be constructed in accordance with the California Residential Code where provided with a residential fire sprinkler system complying with Section R313:
1. 
Live/work units located in one-and two-family dwellings or townhouses and complying with the requirements of Section 508.5 of the California Building Code.
2. 
Owner-occupied lodging houses with five or fewer guestrooms.
3. 
A care facility with five or fewer persons receiving custodial care within a dwelling unit.
4. 
A care facility with five or fewer persons receiving medical care within a dwelling unit.
5. 
A care facility for five or fewer persons receiving care that are within a single-family dwelling.
(Ord. 22-1738 § 10)
The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Plumbing Code shall apply to the installation, alteration, repair, and replacement of plumbing and gas delivery systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances there-to.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of residential and commercial mechanical and gas systems, including equipment, appliances, fixtures, fittings and appurtenances thereto, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Where there is a conflict between the California Mechanical and Plumbing Codes, as related to chapters for gas or fuel, the provisions provided in the Plumbing Code shall prevail.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this Code shall not be deemed to nullify any provisions of local, State or Federal law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
References to chapter or section numbers, or to provisions not specifically identified by number shall be construed to refer to such chapter, section or provision of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced codes and standards, the provisions of this Code shall apply.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In the event that any part or provision of this Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The legal occupancy of any structure existing on the date of adoption of this Code shall be permitted to continue without change, except as is specifically covered in this Code, the California Building Code, California Residential Code or the California Fire Code, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
This section pertains to the demolition and reconstruction of existing buildings. It does not apply to additions to existing buildings. If the removal of exterior walls exceeds 75% of the entire building, the entire building shall comply with the Code provisions for new construction.
For reconstruction of nonconforming buildings as defined in NMC Section 17.01.060, refer to Section 17.01.240.
(Ord. 22-1738 § 10)
A. 
Live Loads Posted. In commercial, institutional or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in the part of each story in which they apply, using durable signs. It is unlawful to remove or deface such notices.
B. 
Issuance of Certificate of Occupancy. A certificate of occupancy required by Section 15.32.100 shall not be issued until the floor load signs have been installed.
C. 
Restrictions on Loading. It is unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this Code.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The Building and Safety Division shall be responsible for the enforcement of the Building Codes and the official in charge thereof shall be known as the Building Official. Where references in this Code or State Codes or other regulations refer to the Department of Building Safety, the term shall mean the Building and Safety Division of the City of Norwalk, as applicable to this jurisdiction.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
General. The Building Official is hereby authorized and directed to enforce the provisions of this Code. The Building Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall receive applications, review construction documents and issue permits for the erection, construction, enlargement, addition, improvement, alteration, demolition and moving of buildings and structures, installation and repair or replacement of building service equipment and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code, or other Technical Codes as applicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall issue all necessary notices or orders to ensure compliance with this Code, or other Technical Codes as applicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where it is necessary to make an inspection to enforce the provisions of this Code or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official, member of the board of appeals or employee charged with the enforcement of this Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The installation of used materials that meet the requirements of this Code for new materials is permitted. Used equipment and devices shall not be installed unless approved by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Wherever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building and Safety Division.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Code, shall consist of valid evaluation reports from approved sources.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any owner or authorized agent who intends to construct, enlarge, alter, repair, improve, move, demolish, or change the use or occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or perform any grading, or install or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
A. 
Building.
1. 
One-story detached accessory structures to an R-3 occupancy less than 10 feet in height, used as tool and storage sheds, playhouses and similar uses, such as portable shade structures, provided the floor area does not exceed 120 square feet (11 m2). Such structures must comply with the setback requirements of the City zoning ordinance and the Fire Code.
2. 
Wood, chain link or tubular steel fences or masonry walls, other than swimming pool barriers, not over six feet (1,829 mm) high.
3. 
Oil derricks.
4. 
Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids, or within thirty (30) inches from a property line.
5. 
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 1.5:1.
6. 
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, or within 30 inches from a property line, and are not part of a required exit, means of egress or an accessible route.
7. 
Painting, papering, carpeting, tiling that is not part of a tub or shower enclosure, cabinets, counters and similar finish work that does not involve electrical, mechanical, or plumbing work.
8. 
Temporary motion picture, television and theater stage sets and scenery.
9. 
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons (18,925L) and are installed entirely above ground.
10. 
Shade cloth structure for nursery or agricultural purposes, not including service systems.
11. 
Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. 
Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support Group R-3 and U occupancies.
13. 
Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet, nine inches (1,753 mm) in height.
Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for the above-exempted items.
B. 
Electrical.
1. 
Repairs and Maintenance. Minor repair work, including the replacement of lamps, switches, receptacle devices, sockets, or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. 
Radio and Television Transmitting Stations. The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. 
Temporary Testing Systems. A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
4. 
The wiring for temporary theater, motion picture or television stage sets.
5. 
The repair of fixed motors, transformers, apparatus, or appliances.
6. 
Temporary Christmas or other holiday decorative lighting installed for less than 90 days.
7. 
Private telephone, intercom, sound and communication systems, provided, however, that a permit shall be obtained for the power supplies required by the above systems.
C. 
Gas.
1. 
Portable heating appliances.
2. 
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
D. 
Mechanical.
1. 
Portable heating, ventilation, cooling or evaporative cooler equipment.
2. 
Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code.
3. 
Replacement of any part that does not alter its approval or make it unsafe.
E. 
Plumbing.
1. 
The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code.
2. 
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10; Ord. 25-1761, 11/18/2025)
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or re-arrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
To obtain a permit, the applicant shall first file an application in writing on a form furnished by the Building and Safety Division for that purpose. Such application shall:
1. 
Identify and describe the work to be covered by the permit for which application is made.
2. 
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. 
Indicate the use and occupancy for which the proposed work is intended.
4. 
Be accompanied by construction documents and other information as required in Section 15.32.060.
5. 
State the valuation of the proposed work.
6. 
Be signed by the applicant, or the applicant's authorized agent.
7. 
Give such other data and information as required by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The application, plans, specifications, computations, and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other City Departments to verify compliance with any applicable laws and ordinances under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fees specified in Section 15.32.080 have been paid, a permit shall be issued therefor to the applicant.
When the Building Official issues the permit where plans are required, he or she shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans.
The Building Official may issue a permit for the construction of part of the building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted.
No permit shall be issued for the erection or construction of any building, or for any structural alteration or addition, upon any lot or parcel which is not a legal building site, as defined in the Zoning Ordinance, (Section 17.01.060), or if the proposed work would be in conflict with the terms, provisions of requirements of any ordinance, resolution, regulation or law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than 90 days from date of completion of the work covered therein, or as specified in the City's record retention plan, and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The issuance or granting of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions this Code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the City shall not be valid.
The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on there under when in violation of this Code or of any other ordinances of the City.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be commenced or recommenced, a permit shall first be renewed or reissued.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
Any permittee holding an unexpired permit may apply for an extension of time within which permittee may commence work under that permit when he or she is unable to commence or recommence work within the time required by this section for good and satisfactory reasons. The Building Official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days each. The extension shall be registered in writing and justifying cause demonstrated. Permits extended not be subject to new regulations adopted after issuance of the permit. The fee as established by resolution of the City Council shall be paid for each permit extension.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10; Ord. 25-1761, 11/18/2025)
Editor's Note: Former Section 15.32.050.7.3, Requesting reissuance of a permit that has been expired for one hundred eighty days or more, adopted by Ord. 10-1633 § 1; amended by Ord. 21-1722 § 2; was repealed by Ord. 25-1761, 11/18/2025.
A permit issued hereunder shall become void upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If the provisions of Section 15.32.050.7 of this chapter are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge, other than the permit issuance fee, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, a permit fee based upon the valuation of the work to be completed as provided for in Section 15.32.080 shall be charged to the permit applicant.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules and regulations, as determined by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The construction documents shall show in sufficient detail the foundation, floor, ceiling, roof, and wall elements pertinent to the support and structural integrity of the structure. Additional connection details and sections shall be provided as necessary to show in detail that it will conform to the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the Building Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this Code. In other than occupancies in Groups R-2, R-3, and I-I, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.
The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Editor's Note: Former Section 15.32.060.3, Examination of documents, adopted by Ord. 10-1633 § 1; amended by Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10; was repealed by Ord. 25-1761, 11/18/2025.
When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
This Code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 12 months.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
Where structural observation is required by Building Code Section 1709, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704).
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period.
Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by State or local laws.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause.
Permits for temporary Group A, Division 5 structures shall be valid for a period not exceeding 30 days.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this Code as necessary to ensure public health, safety and general welfare.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the California Electrical Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A fee as established by resolution of the City Council shall be paid for each permit application at time of processing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official, based on the cost per square foot as established by the City Council. The valuation shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.
Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Code, except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of investigation fees for work done prior to permit issuance. Payment of investigation fees shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
An investigation fee, equal to the amount of the permit fee or as established by Resolution of the City Council, shall be assessed by the Building Official whenever work for which a permit is required by this Code has been commenced without first obtaining said permit. This fee shall be paid and the investigation shall be made prior to the issuance of any permit for said work. An investigation fee may be charged for any investigation of a building, structure, work reports, certification or any other related work requested by an owner or authorized agent of such owner. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the Building Official in the course of enforcing the provisions of this Code or any State law issues an order to a person and that person fails to comply with the order within 10 calendar days following the due date for compliance specified in the order, including any extensions thereof, then the Building Official shall have the authority to collect a non-compliance fee. The non-compliance fee shall not be imposed unless the order states that a failure to comply will result in the fee being imposed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
When a plan or other data is required to be submitted by Section 15.32.060, a plan-checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Said plan-checking fee shall be established by the City Council.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.
No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The Building Official may authorize refunding of the permit fee as established by resolution of the City Council.
Permit and plan check fees will be refunded in their entirety when inadvertently paid for a project outside the jurisdiction of the City of Norwalk or as duplicate fees, except that no refund will be made if one year has elapsed from the date of payment.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2; Ord. 25-1761, 11/18/2025)
Where plans are incomplete or changed so as to require additional plan checking, an additional plan-checking fee shall be paid to the Building Official based upon the value of construction of the proposed change or redesign. In establishing said fee, no allowance for a decreased valuation shall be permitted due to the replacement, omission or lessening of any member or portion of the building shown in the original plans. Where the value cannot be reasonably established, the fee shall be the applicable hourly rate or cost to the City. Said fee may be waived when in the opinion of the Building Official the additional fee is not warranted. No additional fees shall be charged for checking corrections required by the Building Official where a responsible effort to correct the documents has been made.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel, anchor bolts and structural hardware is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Concrete slab inspections shall be made after in-slab reinforcing steel and/or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place and approved, but before any concrete is placed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Under-floor inspections shall be made after building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any floor sheathing installed, including the sub-floor.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Floor and roof sheathing nailing shall be made after all nailing and shear transfer connections are in place but before subsequent walls or roof covering materials are commenced. For floor sheathing, each subsequent floor or level shall be inspected. For roof sheathing the inspection shall be made after materials have been loaded on the roof but prior to start of roofing activities.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Framing inspections shall be made after the roof covering, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete, and the rough electrical, plumbing, heating wires, pipes and ducts are approved. The inspector may perform a combination inspection of the building framing, electrical wiring, plumbing and mechanical installations at the same time.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Inspections shall be made to determine compliance with State energy regulations and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.
Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws that are enforced by the Building Official. No work shall be concealed until approved by the Building Official or an authorized representative.
(Ord. 10-1633 § 1; Ord. 19-1709 § 10; Ord. 21-1722 § 2)
The final inspection shall be made after all work required by the building permit is completed. Legally issued permits shall not be considered valid and complete without final inspection.
(Ord. 10-1633 § 1; Ord. 19-1709 § 10; Ord. 21-1722 § 2)
The Building Official is authorized to accept reports from accredited or approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A building or structure shall not be used or occupied, and a change of occupancy or change of use of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction.
Exceptions:
1. 
Certificates of occupancy are not required for work exempt from permits under Section 15.32.050.1.
2. 
Group U occupancy.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
After the Building Official inspects the building or structure and finds no violations of the provisions of this Code or other laws that are enforced by the department of building safety, the Building Official shall issue a certificate of occupancy that contains the following:
1. 
The building permit number.
2. 
The address of the structure.
3. 
The name and address of the owner.
4. 
A description of that portion of the structure for which the certificate is issued.
5. 
A statement that the described portion of the structure has been inspected for compliance with the requirements of this Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. 
The name of the Building Official.
7. 
The edition of the Code under which the permit was issued.
8. 
The use and occupancy, in accordance with the provisions of Chapter 3.
9. 
The type of construction as defined in Chapter 6.
10. 
Any special stipulations and conditions of the building permit.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this Code for which a permit is required, until released by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the Codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the Building Codes, there shall be and is hereby created a Board of Appeals. The Property Maintenance and Building Rehabilitation Appeals Board of the City of Norwalk shall be the Board of Appeals and may be referred to herein as the "Board of Appeals," the "Appeals Board" or the "Board." The members of the Board shall be appointed by and hold office at the pleasure of the City Council and may recommend such new legislation as deemed necessary. The Board shall adopt reasonable rules and regulations for conducting its investigations. The Building Official shall be an ex officio nonvoting member and act as secretary. The Building Official shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the Board.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of the Building Codes or other Technical Codes.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A written appeal, outlining the Building or other Technical Code provision from which relief is sought and the alternate method or material to achieve compliance or remedy proposed shall be submitted to the City of Norwalk within 10 calendar days of notification of violation. Such applicant shall file with the Director of Community Development a request, in writing, for a deviation from such requirements of the adopted codes. The request shall be accompanied by an application fee in such amount as shall be determined by resolution of the City Council. The request shall set forth:
1. 
The identity of the property for which an alternate method or material is sought;
2. 
The requirements imposed by the Code upon the applicant;
3. 
The nature of the work in progress or proposed and measures which the applicant would need to undertake to meet those requirements;
4. 
The fire flow or other fire protection measures available to the property; and
5. 
The nature and degree of hardship being imposed upon the applicant by the requirements of the Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Within 10 days after receipt of an application for hearing before the Property Maintenance and Building Rehabilitation Appeals Board, the Director of Community Development shall set the matter for hearing before the Board, at a meeting for which proper notice can be given.
B. 
Notice of the time and place of the public hearing shall include a general description of the matter to be considered and the location of the project and shall be given at least 10 days prior to the hearing, in the following manner:
1. 
By posting the notice in at least three public places in the City, including at least one notice in the affected area;
2. 
By mail or by delivery of the notice to the project proponent and to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment role as owning real property contiguous with the property in question; and
3. 
By giving such other additional notice as deemed appropriate by the Property Maintenance and Building Rehabilitation Appeals Board.
If there is another noticed hearing before the Board relative to the property, the hearings may be combined.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
At the conclusion of the public hearing, the Board shall consider all relevant evidence and may authorize alternate methods or materials where all of the following findings are made:
1. 
That the granting of an alternate method or material is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions;
2. 
There are exceptional or extraordinary circumstances or conditions applicable to the property generally not applicable to other property;
3. 
An unreasonable hardship would result to the applicant from not granting the alternate method or material, and the alternate method or material will permit the use of the property to the same level as other property and shall not constitute a special privilege to the applicant not enjoyed by the owners of other property; and
4. 
The granting of the alternate method or material will not be materially detrimental to the public welfare or injurious to property and improvements in the vicinity of the property.
B. 
The Property Maintenance and Building Rehabilitation Appeals Board may, from time to time, continue the item on its agenda, but shall render a decision within 45 days of the date the matter was submitted to it. The decision of the Board shall be final, unless that decision is appealed to the City Council. Any person, including the applicant, may appeal the decision of the Property Maintenance and Building Rehabilitation Appeals Board to the City Council, provided that such appeal is filed with the City Clerk within 10 days after the decision by the Board, and that the appeal is accompanied by a fee in such amount as shall be determined by resolution of the City Council. In the event of such an appeal, the City Council shall conduct a public hearing, shall give the notice required by Section 15.32.120.3, and, upon the conclusion of the hearing, make the findings required and take such actions as it deems appropriate. In that case, the decision of the City Council shall be final and conclusive.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure, or equipment, or perform any grading, in the City of Norwalk, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Building Codes, Technical Codes or this Code.
Any person, firm, corporation violating any of the provisions of the Building Codes, Technical Codes or this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of said Codes is committed, continued, or permitted, and upon conviction of any such violation each such offense shall be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or both such fine and imprisonment.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, use or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If (1) the Building Official determines that any property, building or structure, or any part thereof is in violation of any provision of this Code; and if (2) the Building Official gives written notice as specified below of said violation; and if (3) within 45 days of said notice, the property, buildings, or structures thereon are not brought into compliance with this Code, then the Building Official may, in his or her sole discretion, at any time thereafter record with the County Recorder's office a notice that the property and/or any building or structure located thereon is in violation of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The written notice given pursuant to this section shall indicate:
A. 
The nature of the violation(s); and
B. 
That if the violation is not remedied to the satisfaction of the Building Official within 45 days the Building Official may, at any time thereafter, record with the County Recorder's office a notice that the property and/or any building or structure located thereon is in violation of this Code.
The notice provided for in this section shall be mailed to the owner of the property as indicated on the last equalized County assessment roll, served by personal service upon the owner of record or by posted on the property. The mailed notice may be by registered, certified or first class mail. It shall be deemed a reasonable effort has been made to serve such notice when letters have been mailed to the address of the interested party as shown on the official record. The 45 day period for achieving compliance with this Code shall run from the date the property is posted or personally served or from the date of the mailing of the notice, whichever is later.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
Any person who desires to have recorded a notice rescinding the notice of violation may present evidence of compliance to the Building Official. If the Building Official determines that the violation has been satisfactorily cured, and that any pending enforcement costs have been paid, the Building Official shall record a notice rescinding the prior notice of violation.
Following the recordation of the notice of violation the Building Official is not required to make any inspection or review of the premises to determine the continued existence of the cited violation. It is the responsibility of the property owner, occupant or other similarly interested private party to present evidence of compliance to the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Pursuant to California Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, as identified in Section 8.36.030 of this Code, who cause, allow or maintain a violation in, or upon, residential structures and associated real property, shall be charged investigation fees by the City to defray its costs of investigation and enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the City's actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the Building Official in the course of enforcing the provisions of this Code or any State law issues an order to a person and that person fails to comply with the order within 15 days following the due date for compliance specified in the order, including any extensions thereof, then the Building Official shall have the authority to collect a non-compliance fee. The non-compliance fee shall not be imposed unless the order states that a failure to comply will result in the fee being imposed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The amount of such fees for City Officials' time and other resources that are used for investigation actions and non-compliance fines shall be established, and may thereafter be amended, by resolution by the City Council.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe pursuant to Chapter 15.04, or in accordance with any other provisions of, or that are adopted by, the Norwalk Municipal Code, or that are imposed pursuant to County or State laws. Investigation fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove a violation.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Failure to pay investigation and/or non-compliance fees shall constitute a debt that is collectible in any manner allowed by law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever the Building Official finds any work regulated by this Code being performed in a manner either contrary to the provisions of this Code or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law, in addition to the fees as described in Section 15.32.080.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Unsafe Buildings. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or in any other effective ordinance or statute, are, for the purpose of this section, unsafe buildings and constitute an unsafe condition. All such unsafe buildings or conditions are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, improvement, removal, or demolition, in whole or part, in accordance with the procedures specified in this section.
B. 
Fire Hazard. No person, including, but not limited to, the State and its political subdivisions, operating any occupancy subject to these regulations shall permit any fire hazard, as defined in this section, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency. Note: "Fire hazard" as used in these regulations means any condition, arrangement or act which will increase, or may cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay or hinder, or may become the cause of obstruction, delay or hindrance to the prevention, suppression extinguishing of fire.
C. 
Inspection. The Building Official shall examine or cause to be examined every building or structure or portion thereof or other condition reported as unsafe, dangerous, damaged, or otherwise constituting a hazard as set forth in subsection A of this section. Said examination shall be conducted in accordance with the provisions of this Code, other applicable statutes, and the ordinances, rules, and regulations of the City of Norwalk.
D. 
Notice of Defects. In any case where this section is made applicable by reference or if any building, structure, or part thereof is found to be an unsafe building as defined in this section, the Building Official shall give notice, setting forth the defects found, to the owner, other responsible person, or authorized representative, hereinafter referred to as "owner," of such building or structure. The notice shall also set forth the requirements of commencement and completion of work and the effect of failure to so do as set forth in subsections G and H of this section.
E. 
Whenever the Building Official intends to cause the work to be done by City personnel or contract agents to eliminate a hazard or to remove an unsafe condition or take any action that would result in a cost assessment against the property, the written notice shall contain language informing the concerned parties of their right of a hearing before the Building Rehabilitation Appeals Board per Section 15.32.160.17.
Any person entitled to service of the notice under subsection D of this section, or any other person with a legal interest in the property or building, may appeal the notice and order by filing with the director of Community Development a written appeal containing:
1. 
A heading in the words: "Before the Board of Appeals of the City of Norwalk."
2. 
A caption reading "Appeal of....." giving the names of all appellants participating in the appeal.
3. 
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
4. 
A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
5. 
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
6. 
The signatures of all parties named as appellants and their official mailing addresses.
7. 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
The appeal shall be filed within 10 days from the date of the service of such order or action of the Building Official: provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with subsection J, such appeal shall be filed within 10 days from the date of the service of the notice and order of the Building Official.
a. 
The Board shall consider the information provided by the appellant and the statements of the Building Official and other evidence that may be presented to determine whether such defects are subject to repair, rehabilitation, or improvement, or whether they are of such a nature as to require removal or demolition of a part of or the whole of any such building or structure, and he or she shall order such repairs, rehabilitation, improvements, or demolition as is considered necessary in the case.
b. 
The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time; the determination and order shall become final within five days, excluding Saturday, Sunday, and holidays, from the time it is first rendered, or in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner, responsible party, or representative, whichever first occurs.
F. 
Commencement and Completion of Work. The owner shall, upon the expiration of five days, excluding Saturday, Sunday, and holidays, following the finality of the determination and order of the Board of Appeals (or, if appealed, the determination and order to the City Council) commence the repairs, rehabilitation, improvements, removal, or demolition ordered, and such work shall be completed within the time specified by the Hearing Officer.
G. 
Failure of Commencement of Work. If the owner neglects or fails to commence, within the time provided therefor, activity and the corrective work deemed necessary and as ordered, the Building Official may cause the ordered repairs, rehabilitation, or improvements to be performed forthwith and any cost thereof shall be a charge and expense against the owner personally and collectible by an action at law.
H. 
Right to Demolish. In case the owner shall fail, neglect, or refuse to comply with the notice or order to remove or demolish said building or structure or portion thereof, the City Council of the City of Norwalk may order the Building Official to proceed with the work specified in the notice or order. The cost of such work shall be levied as a special assessment against the property. The Building Official may apply to the City Council for an order under this subsection to proceed with the work specified in this subsection where such work is not deemed by him or her to require emergency action.
I. 
Costs incurred under subsections G and H of this section shall be charged to the owner of the premises involved. The Building Official shall keep an accounting of costs incurred, to be levied as a special assessment against the property and collected in the manner provided for special assessments.
J. 
Vacation of Premises, Posting of Signs. If necessary, the notice shall require the building or structure or portion thereof or other site to be vacated forthwith, and within the time specified, in the interest of immediate public safety pending the finality of any determination and order.
The Building Official shall cause to be posted at each entrance to such building a notice to prohibit occupancy. Such notices shall remain posted until the corrected conditions, required repairs, rehabilitation, improvements, removal or demolition are completed and a certificate of occupancy is issued as set forth in this Code. Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. The notice required by this section may be served either:
1. 
By delivering a copy to the owner or authorized representative as designated on papers, applications, or permits on file with the Building Official, personally; or
2. 
If either or both be absent from his or her place of residence and from his or her usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy of certified mail, receipt requested, addressed to the owner or authorized representative at his or her place of residence; or
3. 
If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building structure, and also delivering a copy to a person there residing, if any; to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building, or structure is situated, or to the owner at his or her last known or designated address, or both.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Scope.
1. 
General. The provisions of this section shall apply to all substandard buildings, substandard structures and substandard property. It is unlawful for any person owning, leasing, occupying, using or having charge or possession of any building, structure or property to maintain it in such as manner that it is determined by the City or an appropriate agency of the City to be in a substandard condition.
2. 
Existing Buildings. Occupancies in existing buildings may be continued as provided in this Code, the California Building Code, California Residential Code or the California Fire Code, except in such structures as are found to be substandard as defined in this section and ordered vacated or as are found to be unsafe as defined in the Norwalk Municipal Code Section 15.32.150.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
For the purposes of this chapter, and in addition to the definitions set forth in the previous chapters of this Code, certain terms, phrases and words and their derivatives shall be defined as set out in this section. Words used in the singular include the plural and vice versa.
As used in this chapter:
"Abandoned personal property"
means and refers to any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned personal property may include junk and vehicles.
"Abandoned structure"
means a building or other structure that is vacant and is maintained in a condition of disrepair or deterioration, as discernible from a public right-of-way or adjoining real property. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present operability and functional utility; the presence of non-functional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.
"Attractive nuisance"
means any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.
"Board"
is the Property Maintenance and Building Rehabilitation Appeals Board as set forth in Section 15.32.160.6.
"Building"
means any structure having, or originally designed to have, a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.
"Building Code"
means the Building Code or Residential Building Code of the City of Norwalk; the latest adopted edition of the California Building Code together with all adopted appendices and amendments as specified in Chapter 15.04 and 15.06 of the Norwalk Municipal Code.
"City"
means the City of Norwalk.
"City Manager"
means the City Manager or duly authorized representative(s).
"Code" or "Codes"
refers to the Norwalk Municipal Code and laws incorporated therein by reference and any adopted and uncodified ordinances.
"Code Enforcement Officer"
means any individual employed by the City with primary enforcement authority for City Codes, or duly authorized representative(s).
"Hearing Officer"
means the City employee or representative appointed by the City Manager, or a designee thereof, to hear all timely appeals from a notice of public nuisance and intent to abate with City forces or agents.
"Inoperable vehicle"
means and includes, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles lacking a current registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.
"Junk"
includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:
1. 
Condition of damage, deterioration, disrepair or nonuse.
2. 
Approximate age and degree of obsolescence.
3. 
Location.
4. 
Present operability, functional utility and status of registration or licensing, where applicable.
5. 
Cost of rehabilitation or repair versus its market value.
"Junkyard"
means real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and the premises are in full compliance with all provisions of the City's Zoning Laws, and all other applicable provisions of the City's Municipal Code, as well as all future amendments and additions thereto.
"Owner"
means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the City, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of, such property.
"Person"
as used in this section, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City.
"Personal property"
means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.
"Property" or "premises"
means any privately-owned real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement abutting such real property.
"Public nuisance"
means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway. All conditions hereafter enumerated in this section, or that otherwise violate or are contrary to any provision of the City's Municipal Code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a City approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the City's Municipal Code.
"Responsible person"
means any person, whether as an owner as defined in this section, or otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the City's Municipal Code or County or State law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.
"Structure"
means that which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this chapter, this definition shall supersede any other definition of this term in the City's Municipal Code.
"Technical Code"
means a construction code such as the Building Code, the Fire Code, the Electrical Code, the Plumbing Code, the Mechanical Code, a Fuel Gas Code, or other related codes.
"Vehicle"
means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code and all future amendments thereto. "Vehicle" does not include devices (1) that are propelled exclusively by human power such as bicycles and wheelchairs, or (2) those that are used exclusively upon stationary rails or tracks.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where a building is found to be substandard due to having been under construction for an unreasonable time, as defined in Section 15.32.160.3, the terms "demolition, improvement, removal, repair or rehabilitation," as used in this chapter shall include "completion."
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever the word "demolish" or "demolishment" is used in this chapter it shall include the removal of the resulting debris from such demolition and the protection by filing of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this Code or other ordinances or laws.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
As used in this chapter "party concerned" means the person if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located. As used in this chapter all reference to "record" means matters of record in the Department of Registrar-Recorder of the County of Los Angeles which definitely and specifically describes the premises involved.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 15.32.160.4 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be a substandard building.
B. 
Any unfinished building or structure or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time or that has been in the course of construction an unreasonable time, and where the appearance and other conditions of said unfinished building or structure are such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared to be a substandard building. As used herein, an "unreasonable" period shall mean either "any portion of time exceeding the period given to a responsible person by the City for the complete abatement of this nuisance condition with all required City approvals, permits and inspections," or "more than two years, except where required inspections as identified in Section 15.32.090.3 are performed under the authority of a valid permit and work is consistently approved within 90 days of each previous approval." Factors that may be used by the City to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:
1. 
The degree of partial construction or destruction and the cause therefor.
2. 
Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.
3. 
The degree of visibility, if any, of this condition from public or adjoining private real property.
4. 
The scope and type of work that is needed to abate this nuisance.
5. 
The promptness with which a responsible person has applied for and obtained all required City approvals and permits in order to lawfully commence the nuisance abatement actions.
6. 
Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.
7. 
Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the City.
8. 
Whether or not a responsible person has made substantial progress, as determined by the City, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.
9. 
Whether delays in completing nuisance abatement actions under a technical code permit have occurred and the reason(s) for such delays.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
Substandard building conditions shall include but are not limited to the following:
A. 
Inadequate Sanitation.
1. 
Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit.
2. 
Lack of the minimum amounts of required natural light and ventilation.
3. 
Room and space dimensions less than required by the Building Code.
4. 
Dampness of habitable rooms.
5. 
Infestation of insects, vermin, or rodents.
6. 
Violation of any applicable provision of the Health Code, as adopted by Section 8.04.010 of the Norwalk Municipal Code.
B. 
Structural Hazards.
1. 
Deteriorated or inadequate foundations.
2. 
Defective, deteriorated or inadequate size flooring and/or floor supports.
3. 
Defective, deteriorated or inadequate size members of walls, partitions or other vertical supports.
4. 
Defective, deteriorated or inadequate size ceiling, roof or other horizontal supports.
5. 
Inadequate structural resistance to horizontal forces.
6. 
Defective, damaged or inadequately constructed fireplace or chimney.
C. 
Interior portions of buildings or structures (including, but not limited to attics, ceilings, walls floors, basements, mezzanines, and common areas) that are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition otherwise violates, or is contrary to, the Health Code, where applicable, or the State Housing Code, where applicable, or other provisions of the Norwalk Municipal Code, or State law.
D. 
Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, driveways and parking areas, that are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition otherwise violates, or is contrary to, the Health Code, where applicable, or the State Housing Code, where applicable, or other provisions of the Norwalk Municipal Code, or State law.
E. 
Inadequate or Hazardous Wiring.
1. 
Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room is required to contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway in such occupancies is required to contain at least one supplied electric fixture.
2. 
All wiring except that conformed to all applicable laws in effect at the time of installation and that has been maintained in good condition and is being used in a safe manner.
F. 
Inadequate or Faulty Plumbing.
1. 
Lack of plumbing fixtures required elsewhere in this Code.
2. 
All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections.
3. 
Lack of connection to an approved sewage disposal system.
G. 
Inadequate or Faulty Mechanical Equipment.
1. 
Lack of safe, adequate heating facilities in a dwelling, apartment house or hotel.
2. 
Lack of, or improper operation of, required ventilating equipment.
3. 
All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
H. 
Faulty Weather Protection.
1. 
Lack of a sound and effective roof covering.
2. 
Lack of a sound and effective exterior wall covering including deteriorated, crumbling, or loose plaster.
3. 
Broken windows and doors.
4. 
Deteriorated or ineffective waterproofing of foundation walls or floor.
I. 
Faulty Materials of Construction.
1. 
Any material of construction except those which are allowed or approved by the Building Code and which have been adequately maintained in good and safe condition.
2. 
Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.
J. 
Hazardous or Unsanitary Premises.
1. 
Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute undue fire, health or safety hazards.
2. 
Items or materials that cause, create, or tend to contribute to, an offensive odor.
K. 
Hazardous Buildings. Any building or portion thereof, which is determined to be an unsafe building as defined in Section 15.32.150 of this Code.
L. 
Inadequate Exits, Light, and Ventilation.
1. 
All buildings or portions thereof not provided with exit facilities, and/or light, and ventilation as required by the Building Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and provide adequate safe exits for the building occupants.
2. 
Obstructions of any kind, cause or form that interfere with light or ventilation for a building, or that interfere with, or hinder ingress and egress there from.
M. 
Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
N. 
Inadequate Fire Protection or Firefighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing system or equipment required by the Building Code, except those buildings or portions thereof which conform with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems and equipment provide adequate fire safety.
O. 
Improper Occupancy. All buildings or portions thereof occupied or used for any purpose for which they were not designed or intended to be used.
P. 
Abandoned Buildings. All buildings or portions thereof which are abandoned, open or vandalized or both.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any one or more of the following conditions shall constitute substandard property:
A. 
Substandard buildings;
B. 
Unpainted buildings causing dry rot, warping and termite infestation;
C. 
Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;
D. 
Overgrown vegetation causing detriment to neighboring properties or property values;
E. 
Dead trees, weeds and debris:
1. 
Constituting unsightly appearance, or
2. 
Dangerous to public safety and welfare, or
3. 
Detrimental to nearby property or property values;
F. 
Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values;
G. 
Vehicles exceeding the permissible gross vehicle weight for the streets or public property upon which they are located, as well as construction equipment, or machinery of any type or description that is kept, parked, placed or stored on public or private real property except when such items are being used during excavation, construction or demolition operations pursuant to an active building or other technical code permit;
H. 
Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values;
I. 
Attractive nuisances dangerous to children in the form of:
1. 
Abandoned and/or broken equipment, or
2. 
Neglected machinery;
J. 
Broken or discarded furniture and household equipment in yard areas for unreasonable periods;
K. 
Clothesline in front yard areas;
L. 
Garbage cans stored in front or side yards and visible from a public street except when placed in places of collection at the times permitted and in full compliance with NMC Section 8.48.480;
M. 
Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods;
N. 
Neglect of premises:
1. 
To spite neighbors, or
2. 
To influence zone changes, granting of exceptions or special-use permits, or
3. 
To cause detrimental effect upon nearby property or property values;
O. 
Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;
P. 
Property, including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following:
1. 
Lumber, junk, trash or debris,
2. 
Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers,
3. 
Stagnant water or excavations, or
4. 
Any device, decoration, design, fence, structure, clothesline or vegetation that is unsightly by reason of its condition or its inappropriate location;
Q. 
Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, whether or not they are attractive nuisances but which are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained;
R. 
Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;
S. 
Property maintained (in violation of the rights of others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;
T. 
Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties:
1. 
Grading which does not meet the minimum standards set forth in Appendix J of the Building Code or which is done in violation of this Code, or any other County or State law regulating grading;
U. 
Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way;
V. 
Storage of hazardous or toxic materials or substances on real property, as so classified by any local, State or Federal laws or regulations, in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, State or Federal laws or regulations;
W. 
Any discharge of any substance or material, other than stormwater, which enters, or could possibly enter, the City's storm sewer system in violation of the Norwalk Municipal Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In order to hear appeals provided for in Section 15.32.170 and in this chapter, there shall be and is hereby created a Building Rehabilitation Appeals Board and shall be known as the Property Maintenance and Building Rehabilitation Appeals Board as provided for in Section 15.32.120.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The City Council may choose to appoint an ex officio alternate member of the Property Maintenance and Building Rehabilitation Appeals Board to serve in the place and stead of any regular member of the Rehabilitation Appeals Board who is scheduled to be absent from any meeting and, at such meeting, shall be deemed to be a regular member of the Board.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever the Building Official determines by inspection that any existing building or portion thereof is substandard or any lot or other premises is substandard, or both, as defined in this chapter, such building or premises, or both, are hereby declared a public nuisance, and the Building Official shall order the abatement of the nuisance by demolition, repair or rehabilitation of the substandard building or portion thereof or, at the option of the party concerned, by demolition or demolishment thereof. The order also may require that the building be vacated. If the premises are substandard the Building Official also may order that the substandard conditions be removed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
When the Building Official has so found, in addition to any notices hereafter required by this chapter, the Building Official may give to the occupants of the substandard property, and to any other person whom he or she deems should be so notified, information concerning the provisions of this chapter, any violation thereof, how the person notified may comply and any other information deemed expedient. The Building Official may post such information on the substandard property or on the substandard building.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If, in the opinion of the Building Official, a building is found to be substandard as defined in this chapter, the Building Official shall give to the party concerned written notice stating the defects thereof.
The notice may require the owner or person in charge of the building or premises to complete the required repairs, improvements, demolition or removal of the building or portions thereof within 30 days, or such other time limit as the Building Official may stipulate. Such notice may also require the building, or portion thereof, to be vacated and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the Building Official. A person notified to vacate a substandard building by the Building Official shall vacate within the time specified in the order.
The written notice shall contain language informing the concerned parties of their right of a hearing before the Property Maintenance and Building Rehabilitation Appeals Board per Section 15.32.160.17 whenever the Building Official takes or intends to take any one of the following actions:
1. 
Issue an order to vacate a substandard premises;
2. 
Cause work to be done by City personnel or contract agents to eliminate a hazard or to remove a substandard condition or take any action that would result in a cost assessment against the property;
3. 
File a declaration of substandard building and/or substandard property with the Department of Registrar-Recorder.
Such written notice of the right of a hearing shall not be construed as a stay on: (1) an order to vacate; (2) the filing of a declaration of substandard building and/or property with the Department of Registrar-Recorder; or an abatement or demolition performed by City personnel or contract agents when such abatement or demolition is done pursuant to the emergency procedures permitted by Section 15.32.160.27(B) of this Code.
Exception: Whenever any building or structure or portion thereof constitutes an immediate hazard to life or property, and in the opinion of the Building Official the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this section, the Building Official may make such alterations or repairs, or cause such other work to be done to the extent necessary to abate the hazard or demolish the building or structure or portions thereof as are necessary to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in the opinion of the Building Official, immediate action is necessary.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If, in the opinion of the Building Official, property is found to be substandard property as defined in this chapter, the Building Official shall give to the party concerned written notice stating the conditions which make the property substandard.
The notice may require the owner or person in charge of the premises to remove within 30 days, or other time limit which the Building Official may stipulate, the conditions which cause the property to be substandard. If, in order to comply with such notice, it is necessary to remove any vehicle or any part there-of, such notice shall include a description of such vehicle and the correct identification number and license number, if available at the site. Such written notice shall contain language pertaining to the right of a hearing specified in Section 15.32.160.10.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A notice of substandard property and of a substandard building on such property may be combined into one notice.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Proper service of a notice provided for in Sections 15.32.160.10, 15.32.160.11 and 15.32.160.12 shall be by personal service or by first class mail upon every party concerned, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when letters have been mailed to the address of the interested party as shown on the official record. Notice to a property owner or interested party concerning the imposition of an assessment for costs of abating a property nuisance shall be by certified mail. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice.
The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin 10 days following the date of posting.
Failure of any owner, party concerned or other person to receive such notice shall not affect the validity of any proceedings taken hereunder.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the notice of substandard building or property requires the repair or demolition of any building and if the demolition or other work necessary to remove the substandard conditions set forth in such notice is not completed within the time specified in such notice and the Building Official intends to directly proceed to demolish the substandard building or portions thereof, or cause such other work to be done to the extent necessary to eliminate the hazard or other substandard conditions which have been found to exist and, by a document recorded in the office of the Department of Registrar-Recorder prior to the recordation of the declaration of substandard building or property, whether such document describes the property or not, it appears that a person other than a party concerned has any right, title, lien or interest in the property or any portion thereof, and such person has not previously been notified of the substandard building or property conditions or previously been served a copy of the notice of substandard building or property and the address of such person is known to the Building Official or can be ascertained by the exercise of due diligence, the Building Official shall serve a copy of the notice of substandard building or property on such person as provided in this chapter. Such person may request a hearing before the Building Rehabilitation Appeals Board. The request must be made in writing to the Board within 10 days of the receipt of the copy of the notice of substandard building or property. If a notice of substandard property does not require the repair or demolition of any building, no notice need be given to any person other than a party concerned.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may file with the Department of Registrar-Recorder a declaration that a substandard building or substandard property or both have been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. The costs incurred by the Building Official in the investigation of such properties and the processing of the declaration and notification of concerned parties shall be adopted by resolution of the City Council. After the Building Official finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the City, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 54988 of the Government Code, the Building Official shall record in the Department of Registrar-Recorder a document terminating the above declaration.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The Building Official may cause to be posted at such substandard building or property a notice of substandard building or property and/or a sign to read: SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE, BY ORDER OF THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING AND SAFETY DIVISION, CITY OF NORWALK. Such sign may contain such additional information and warnings as in the opinion of the Building Official are expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup are completed. Such notice or sign shall not be removed without permission of the Building Official and if the substandard building has been ordered vacated, no person shall enter except for the purpose of making the required repairs or of demolishing the substandard building.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Hearing. Any person having any right, title, lien or interest in the property or any part thereof, or the Building Official, may request a hearing regarding the substandard condition of a building or property after the building or property is posted when the notice: (1) indicates that the City has filed or intends to file a declaration of substandard building and/or property with the Department of Registrar-Recorder; (2) includes an order to vacate; or (3) the City seeks to abate a public nuisance by City Personnel or contract agents. A request by any person other than the Building Official shall be made in writing to the Building Rehabilitation Appeals Board within 10 days after the building or property is posted. All persons who desire to be heard may appear before the Building Rehabilitation Appeals Board to show that the building or property is or is not substandard or to show cause why the building, even if substandard, should not be ordered barricaded, demolished, repaired, rehabilitated or vacated.
B. 
All persons described in subsection A of this section are entitled to a hearing before the Board. However, if they do not request in writing a hearing before the Building Rehabilitation Appeals Board with-in 10 days of notification, or if they fail to appear at such a hearing which they have requested, they will be deemed to have waived their right to a hearing before the Building Rehabilitation Appeals Board. No such right shall exist when the City does not: (1) file or intend to file a declaration of substandard building and/or property with the Department of Registrar-Recorder; (2) issue an order to vacate; or (3) seek to abate a public nuisance by City Personnel or contract agents.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Property Maintenance and Building Rehabilitation Appeals Board shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.
The Board shall make written findings of fact as to whether or not the building or property is a substandard building or substandard property as defined in this chapter.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If neither the Building Official nor any other person requests a hearing and the substandard condition as set forth in the notice of substandard building or property is not completed within the time specified in such notice, the Building Official may demolish such portions of the structures, or may cause such other work to be done to the extent necessary to eliminate the hazards and other substandard conditions which had been found to exist.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If either the Building Official, or any other person, requests a hearing within the proper time as provided in Section 15.32.160.17 of this Code, the Property Maintenance and Building Rehabilitation Appeals Board shall hold such hearing. Not less than 10 days prior to the hearing the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon every person to whom this chapter requires that the notice of substandard building or substandard property be served.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The notice of hearing shall state:
A. 
The street address and a legal description sufficient for identification of the premises which is substandard or upon which the building is located.
B. 
The conditions because of which the Building Official believed that the building or property is substandard.
C. 
The date, hour and place of the hearing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall post one copy of the notice of hearing in a conspicuous place on the substandard building involved, if any, otherwise on the substandard property, not less than 10 days prior to the hearing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
When the Property Maintenance and Building Rehabilitation Appeals Board finds that: (1) a declaration of substandard building and/or property should be filed with the Department of Registrar-Recorder, or if filed should not be rescinded; (2) an order to vacate should be upheld; (3) a demolition order should be upheld; or (4) the City should take action to abate the public nuisance by use of City personnel or contract agents, it is hereby declared that the building and/or property is a public nuisance and, based on its findings, the Board shall order the abatement of this nuisance by barricading, demolition, repair or rehabilitation of the substandard building and or portion thereof or at the option of the party concerned, by the demolition or demolishment thereof. The order also may require that the substandard building be vacated.
If the order is for the abatement of the public nuisance by City personnel or contract agents the order shall state a reasonable time within which the work shall be completed by the party concerned which shall not be less than 10 days after the service of this order. The Board, for good cause, may extend the time for completion in writing.
B. 
The Building Official, after determining that conditions warrant reconsideration may bring any matter before the Board for rehearing. At such a rehearing, the Board will consider all evidence submitted and after such reconsideration may find that further postponement is unwarranted and so order, or may find that a new order for abatement and/or postponement of City action is warranted and order any abatement work considered necessary to be performed by a specified date, after which date the Building Official shall cause such work to be performed or completed without further notice.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
A. 
When the Board finds that any property is substandard property, it is hereby declared a public nuisance and, based on its findings, the Board shall order the abatement of the nuisance by such means as the Board deems most feasible. If such means include the removal of any vehicle or any part thereof, such order shall include a description of such vehicle and the correct identification number and license number, if available at the site.
B. 
The Building Official, after determining that conditions warrant reconsideration, may bring any matter before the Board for rehearing. At such a rehearing, the Board will consider all evidence submitted and after such reconsideration may find that further postponement is unwarranted and so order, or may find that a new order for abatement and/or postponement of City action is warranted and order any abatement work considered necessary to be performed by a specified date, after which date the Building Official shall cause such work to be performed or completed without further notice.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Any person aggrieved may appeal from the decision of the Board by filing at the office of the City Clerk, within 10 calendar days after the date of such decision, a written, dated appeal containing:
1. 
A brief statement setting forth the legal interest of the appellant in the property involved in the abatement order;
2. 
A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant;
3. 
The signatures of all persons named as appellants and their official mailing addresses; and
4. 
The verification of at least one appellant as to the truth of the matters stated in the appeal.
Any member of the City Council may request a review by requesting at the meeting at which the City Council receives the resolution and report of the Property Maintenance and Building Rehabilitation Appeals Board that the decision be formally reviewed by the City Council.
An appeal fee shall be required for each appeal to the City Council. No appeal shall be placed on the agenda of any meeting of the City Council until such fee has been paid. As soon as practicable after receiving the appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall be not more than 20 days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof by first class mail, postage prepaid. Service in a similar manner shall also be made upon all other parties concerned who appeared at the hearing before the Board or have corresponded with the Building Official concerning this case.
B. 
Upon the conclusion of the hearing on such appeal, the City Council shall, by resolution, either:
1. 
Terminate the proceedings;
2. 
Confirm the action and decision of the Board; or
3. 
Modify such decision based upon evidence presented at said hearing.
Where the proceedings are not terminated, the resolution shall declare the property to be a property nuisance, and order the abatement of the conditions constituting the nuisance within such time as is determined appropriate and in no event less than five or more than 30 days thereafter by having such conditions abated, repaired or cured in the manner and means specifically set forth in said resolution.
(Ord. 10-1633 § 1; Ord. 1708 § 1; Ord. 21-1722 § 2)
A. 
The applicant for building rehabilitation permits for buildings determined to be substandard by the Building Official pursuant to Section 15.32.160.8 of this Code and where the value of the work exceeds $5,000 shall be a licensed contractor pursuant to Chapter 9, Division 3 of the Business and Professions Code of the State of California when such license includes within its classification limitations the activities set forth on the application for permit and entitles the licensee to perform personally or through his or her employees all such activities without personal local qualifications or registration.
Exception: If the Building Official determines that there is an urgent necessity, he or she may, in his or her discretion, consider an application for building rehabilitation permits prepared by persons other than as specified above.
B. 
Any person, subject to the provisions of subsection A, having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the City does so. If such person does such work after the time specified in the notice of substandard building or substandard property if no hearing was requested, otherwise, after the time specified in the last order of the Property Maintenance and Building Rehabilitation Appeals Board, all costs incurred by the City in preparation for the doing of such work are chargeable to the property and shall be collected as provided in Sections 15.32.160.28 and 15.32.160.29.
C. 
If such work is completed after the Building Official or purchasing agent has awarded a contract for such work, the contractor shall receive the contract cancellation fee for the Building Official's overhead and incidental expenses, unless specifically excluded by contract, and said fee plus the amount specified by resolution of the City Council shall be the costs incurred by the City. If such work is completed before the Building Official or purchasing agent has awarded a contract, the amount specified in Section 15.32.160.27 shall be the costs incurred by the City.
(Ord. 10-1633 § 1; Ord. 16-1683 § 10; Ord. 21-1722 § 2)
A. 
Procedures. If the order of the Property Maintenance and Building Rehabilitation Appeals Board requires the repair or demolition of any building, and the order of the Board is not complied with within the period designated by the Board and the public records show that there is any person who has any right, title or interest in the property or any part thereof by virtue of a document duly recorded prior to the recordation of the declaration of substandard building or property, whether such document describes such property or part thereof, or not, and such person has not been previously notified of the action of the Board during the processing of the case, the Building Official shall serve upon such person as provided in Section 15.32.160.20 a notice of the action of the Board which notice also shall contain a statement that the City will demolish the building or take such other action as may be necessary to remove the substandard conditions unless such person, within 10 days, requests, in writing, a hearing. If such person requests such a hearing, the Board shall hold such hearing as provided in this chapter at which hearing the Board shall re-determine the facts and make a new order as provided in Section 15.32.160.23 and the former order shall cease to be of any force or effect. If any Board order made pursuant to Section 15.32.160.23 or 15.32.160.24 and not superseded, or any order made pursuant to this section is not complied with within the period designated, the Building Official may then demolish the substandard building or portions thereof or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the Board. If the order of the Board does not require the repair or demolition of any building, no notice of such order need be given to any person other than the party concerned.
B. 
Emergency Procedures. When in the opinion of the Building Official a substandard structure or portion thereof is an immediate hazard to life and property, and the abatement of such hazard requires action pursuant to the exception in Section 15.32.160.10, the Building Official may then demolish the substandard building, or portion thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The costs involved in the demolition or other work by the Building Official, including, in addition to other costs, the applicable processing costs as set by the City Council, shall become a special assessment against the property.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall notify, in writing, all parties concerned and all persons notified pursuant to Section 15.32.160.14, 15.32.160.17, or 15.32.160.26 of the amount of such assessment resulting from such work.
Within five days of the receipt of such notice any such party concerned and any other person having any right, title, or interest in the property or part thereof may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment.
Any such person who did not receive a notice pursuant to Section 15.32.160.10, 15.32.160.11, 15.32.160.14 or 15.32.160.26, and who has not had a hearing on the necessity of the demolition or other work, in such request for hearing also may ask that such necessity be reviewed. The Property Maintenance and Building Rehabilitation Appeals Board thereupon shall set the matter for hearing, give such person notice thereof as provided in Section 15.32.160.14, hold such hearing and determine the reasonableness or correctness of the assessment, or both, and if requested, the necessity of the demolition or other work. The Board shall notify all such persons of its decision in writing.
If the total assessment determined as provided for in this chapter is not paid in full within 10 days after mailing of such notice by the Building Official, the Building Official shall place such charge as a special assessment on the tax bill for the property pursuant to Section 25845 of the Government Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The assessment shall be collected at the time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If a building is demolished or necessary work done by the City pursuant to the provisions of this chapter, the value of any salvage resulting from such demolition or other work may be applied to the cost of such work as follows:
A. 
If the City enters into a contract with a private contractor, the City may provide in such contract that as a part of the consideration for the services rendered, the contractor shall take title to such salvage.
B. 
If the contract does not so provide or if the City does the work without such a contract, the City may take title to such salvage and credit the reasonable value thereof on the costs incurred by the City. In any hearing pursuant to this section to determine the reasonable cost of doing the work, the Appeals Board also may determine the reasonable value, if any, of such salvage.
This section is permissive only and does not require that the value of such salvage be applied to the cost of the work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A person shall not obstruct, impede or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any interest or estate in a substandard building which has been ordered by the Building Official or by the Property Maintenance and Building Rehabilitation Appeals Board to be barricaded, repaired, vacated and repaired or vacated and demolished or removed, or in any substandard property whenever the Building Official or such owner is engaged in barricading, repairing, vacating and repairing, or demolishing any such substandard building or removing any substandard conditions, pursuant to this chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In case the owner shall fail, neglect or refuse to comply with the directions in the notice of substandard building or substandard property (if neither the owner nor any other person requests a hearing) or with any order of the Property Maintenance and Building Rehabilitation Appeals Board, the owner shall be guilty of a misdemeanor and the Building Official may cause such owner of the building or property to be prosecuted as a violator of this Code.
Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced on this chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this chapter shall not in any manner limit or restrict the City or the City Attorney from enforcing City Ordinances or abating public nuisances in any other manner provided by law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A. 
Adoption by Reference of Section 22661 of Vehicle Code. All of the provisions of this section relating to the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property are enacted pursuant to Vehicle Code Section 22661. All of the provisions of Section 22661 of the Vehicle Code are hereby adopted by reference as a part of this section. In the case of any conflict between the provisions of this section and the provisions of said Section 22661, the provisions of said Section 22661 shall prevail.
B. 
Notification of Department of Motor Vehicles. Within five days after the City or any officer thereof removes, pursuant to this section, any vehicle or a part thereof, the Building Official shall so notify the Department of Motor Vehicles identifying the vehicle or part thereof.
C. 
Notification of Highway Patrol. Not less than 10 days before the hearing provided for in Section 15.32.160.20 the Building Official shall notify the California Highway Patrol thereof identifying the vehicle or part to be removed.
D. 
Not to Be Reconstructed. A person shall not reconstruct or make operable any vehicle which has been removed by the City pursuant to this section.
E. 
Exceptions. A vehicle or any part thereof shall not be removed pursuant to this section if such vehicle or part is:
1. 
Completely enclosed within a building in a lawful manner where it is not visible from the street, highway or other public or private property; or
2. 
Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler; licensed vehicle dealer or junkyard. This exception does not authorize the maintenance of a public or private nuisance.
F. 
Registration of Vehicle. If any vehicle is removed pursuant to this section, the Building Official shall forward to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.
G. 
Proof of Nonresponsibility. The owner of any land upon which a vehicle has been removed was located may appear in person at any hearing provided for in this chapter or present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land with reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle was located or otherwise attempt to collect such costs from such owner.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Notice to Secure Building or Structure. When any unoccupied building or structure is not properly secured, locked or closed and is accessible to juveniles, transients and unauthorized persons and is a health and/or safety hazard to the adjacent community, and the Building Official so finds, the Building Official shall serve the record owner and (if not the owner) the person having control of such building or structure with a notice to secure or close the same forthwith so as to prevent unauthorized persons from gaining access thereto.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The notice provided for in Section 15.32.170 shall inform the record owner and (if not the owner) the persons having control of such building or structure that:
A. 
They must forthwith secure or close such building or structure so as to prevent unauthorized persons from gaining access thereto.
The written notice shall contain language informing the concerned parties of their right of a hearing before the Property Maintenance and Building Rehabilitation Appeals Board per Section 15.32.170.2(B) whenever the Building Official secures or intends to secure the building or structure by use of City personnel or contract agents.
Such written notice of the right of a hearing shall not be construed to preclude the Building Official from securing the building pursuant to the emergency procedures permitted by Section 15.32.170.13 of this Code.
B. 
If, in their opinion, the building or structure is sufficiently secure and closed, or for any other reason they cannot be required to comply with Section 15.32.170.2(A), within 10 days after receipt of the notice, they may request a hearing by filing with, or mailing to, the Building Official a demand for such hearing. No such right shall exist when the City does not seek to secure or close the same to by City Personnel or contract agents.
C. 
If the required work is not performed within 10 days after service of notice and if a timely demand for hearing is not made, the City may perform the work at the expense of the said owner.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may, but is not required to, send copies of any notice provided for in Section 15.32.170 to the holder of any mortgage, trust deed or other liens or encumbrance, the holder or owner of any lease, or the holder of any other estate or interest in or to the building or structure or the land upon which it is located.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A copy of the notice shall be posted in a conspicuous place on the building or structure that is the subject of the notice. Further, the Building Official may cause to be posted on such building a sign or signs to read: VACATED BUILDING, DO NOT ENTER OR DAMAGE BY ORDER OF THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING SAFETY DIVISION, CITY OF NORWALK.
Such sign may contain additional information and warnings as, in the opinion of the Building Official are expedient. Such notice shall remain posted until the building again is lawfully occupied. A person shall not remove such notice without the written permission of the Building Official. A person, other than a person having the right of occupancy, shall not enter the building.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Proper service of any notice required by this chapter shall be by personal service or by first class mail upon the record owner and (if not the owner) the person having control of such building or structures.
In the event the Building Official is unable to serve any notice on any person as specified above, proper service on such person shall be by posting the notice in a conspicuous place on the building or structure.
The failure of any owner or other person to receive a notice shall not affect in any manner the validity of any proceedings under this chapter.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Within 10 days after service upon the record owner of a notice pursuant to Section 15.32.170, the said record owner or any other person deeming himself or herself aggrieved may request a hearing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Upon receiving a request for hearing, the Building Official shall set the matter for hearing before the Property Maintenance and Building Rehabilitation Appeals Board and shall serve notice not less than 10 days prior thereto upon the person requesting such hearing and upon every person upon whom the notice provided for in Section 15.32.170 was served.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Except as inconsistent with any other provisions of this chapter, all procedures taken shall be, and the Board and the City shall proceed and collect costs, as provided in this chapter in the case of substandard and unsafe buildings.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If a person is properly served a notice pursuant to Section 15.32.170 to secure or close a building so as to prevent unauthorized persons from gaining access thereto and neither that person nor any other persons request a hearing, or, after a hearing the Board determines that such person is obliged to so secure or close such building, if such building is not so secured or closed within 10 days after service of notice, if no hearing is requested, or within the time specified by the Board, the City may perform the work as provided in this chapter in the case of substandard or unsafe buildings.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall secure or close any building or structure subject to the provisions of Section 15.32.170.9 so as to limit unauthorized access thereto. The Building Official shall keep an accurate record of the cost of such work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Nothing in this chapter shall be deemed to preclude, prohibit or restrict the Building Official from securing the prompt demolition or repair of buildings found to be substandard or unsafe under other provisions of the Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever i the opinion of the Building Official the conditions described in Section 15.32.170 constitute such an immediate hazard that access to the building or structure must be limited or closed forthwith or within less than the designated period, or either the Sheriff, Public Safety Director, or Chief of the Fire Department so finds and so notifies the Building Official, he or she shall limit access to such building after giving such notice to the record owner or the person in charge, or both as the circumstances will permit or without any notice whatever when, in the opinion of the Building Official, Sheriff, Public Safety Director, or the Chief of the Fire Department, immediate action is necessary.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this chapter providing for hearings shall apply to any person having any right, title or interest in any building secured pursuant to Section 15.32.170.12. Such person may request a hearing as to the necessity and reasonable cost of the work performed pursuant to Section 15.32.170.12 within 10 days after the building is secured or within 10 days after receiving notice of such work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)